A former licensed member (“Padovan”) of the Association of Ontario Land Surveyors (the “Association”) brought an action against the Association claiming damages resulting from disciplinary proceedings instituted against him by the Association. The Association was successful in a motion for summary judgment where the court found that Padovan had not satisfied even the modest preliminary evidentiary burden to establish bias, harassment, malice or mala fides on the part of the Association.

28. September 2004 0
Administrative law – Land Surveyors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – No reasonable cause of action – Bias – Evidence Padovan v. Assn. of Ontario Land Surveyors, [2004] O.J. No. 2921, Ontario Superior Court of Justice, April 7, 2004, Stach J. Padovan was the subject of ...

The rigid application of In-Home Treatment Program guidelines, to the exclusion of the consideration of a family’s particular circumstances, amounted to an unreasonable exercise of discretion by the Defendant

24. August 2004 0
Administrative law – School boards – Powers and duties – Discretion of delegated authority – Special programs for autistic children – Funding – Guidelines – Judicial review – Administrative decisions – Standard of review – Reasonableness simpliciter – Remedies – Statutory provisions Dassonville-Trudel (Guardian ad litem of) v. Halifax Regional School Board, [2004] N.S.J. No. 241, Nova ...

The Plaintiff “held an office” with the Defendant Municipality and therefore a duty of fairness applied to the administrative decision to terminate his employment. The Plaintiff was entitled to a hearing which he did not receive; therefore, the Defendant municipality did not comply with its duty of procedural fairness in terminating his employment.

24. August 2004 0
Administrative law – Employment law – Termination of employment – Wrongful dismissal – Hold an office – definition – Damages – Decisions of administrative tribunals – Municipal councils – Judicial review – Administrative decisions – Procedural requirements and fairness Reglin v. Creston (Town), [2004] B.C.J. No. 1218, British Columbia Supreme Court, June 10, 2004, Melnick J. The Plaintiff ...

The court held that the Council for Licensed Practical Nurses (the “Council”) was unreasonable in its approach to the assessment of the Respondent’s credibility and in its application of the standard of proof, holding that the evidence was not sufficiently cogent to safely sustain two of the complaints against the Appellant Nurse. However, the Council’s decision that the Nurse failed to maintain the ethical standards of practice of the profession was rationally supported by the evidence and it was not shown to be unreasonable.

27. July 2004 0
Administrative law – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Administrative decisions – Failure to provide adequate reasons – Evidence – Standard of review – Reasonableness simpliciter Gillis v. Council for Licensed Practical Nurses, [2004] N.J. No. 187, Newfoundland and Labrador Supreme Court – Trial Division, May 20, 2004, ...

An appeal pursuant to section 43 of the Public Hospitals Act was dismissed as the Health Professions Appeal and Review Board (the “HPARB”) was held to have understood its role and applied the proper tests, resulting in a conclusion that was reasonable. While there had been a denial of procedural fairness in that the Appellant was provided with a package of 17 complaints at a meeting without being afforded an opportunity to investigate and consider them, that denial was “corrected” when it was agreed by the parties to have the situation reviewed by an independent expert agreeable to both parties.

27. July 2004 0
Administrative law – Physicians and surgeons – Competence – Hospital privileges – Suspensions – Fairness – Public interest – Judicial review – Administrative decisions – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter Soremekun v. University Health Network, [2004] O.J. No. 2085, Ontario Superior Court of Justice, May 18, 2004, MacFarland, Wilson and Swinton ...

The Assessment Appeals Committee of the Saskatchewan Municipal Board (the “Committee”) did not err in holding that it had jurisdiction to hear an appeal from the decision of the Secretary of the Prince Albert Board of Revision (the “Board”) since the decision of the Secretary was a decision of the Board within the meaning of section 260 of the Urban Municipality Act

27. July 2004 0
Administrative law – Municipalities – Municipal boards – Property assessment – Judicial review – Administrative decisions – Appeals – Jurisdiction Prince Albert (City) v. Riocan Holdings Inc., [2004] S.J. No. 337, Saskatchewan Court of Appeal, May 17, 2004, Vancise, Sherstobitoff and Lane JJ.A. A taxpayer filed a notice of appeal of an assessment with the Secretary ...

An appeal pursuant to section 40(8) of the Mineral Tenure Act was allowed as the court found that the Chief Gold Commissioner erred in finding that there had not been a good faith attempt by the Appellant to comply with the staking requirements of the Act with respect to his mining claim and the Appellant’s non-compliance did not have a tendency to mislead

27. July 2004 0
Administrative law – Natural resources – Mining leases – Gold Commissioner – Staking requirements – Judicial review – Administrative decisions – Appeals – Compliance with legislation Tyerman v. Kreft, [2004] B.C.J. No. 1016, British Columbia Supreme Court, May 19, 2004, E.R.A. Edwards J. The Appellant brought an appeal pursuant to section 40(8) of the Mineral Tenure ...

The court declined to quash the decision of the Discipline Panel of the Association of Professional Engineers and Geoscientists of British Columbia (the “APEGBC”) which had made a finding of unprofessional conduct on the part of the Appellant as a result of him signing, sealing and submitting structural drawings for a building permit and preparing support design calculations which did not conform to the British Columbia Building Code. The court held that the charge was sufficiently particularized and there was no merit to the allegation that the Panel found misconduct based on elements not enumerated in the charge. While the Respondent did breach a duty to disclose documentation, the Appellant’s right to make full answer and defence was not impaired as a result. It was not unreasonable for the Panel to find that the Appellant demonstrated unprofessional conduct and there was no error in the penalty imposed.

27. July 2004 0
Administrative law – Engineers – Disciplinary proceedings – Competence – Professional misconduct or conduct unbecoming – Evidence – Penalties – Suspensions – Judicial review – Administrative decisions – Hearings – Natural justice – Disclosure – Standard of review – Correctness – Reasonableness simpliciter Familamiri v. Assn. of Professional Engineers and Geoscientists of British Columbia, [2004] B.C.J. ...

Ultimate Shiatsu’s petition seeking to quash the City of Coquitlam’s decision to refuse it a business licence was dismissed. The City’s petition seeking a declaration that Ultimate Shiatsu was in breach of the City’s Trades Licensing Bylaw No. 49, 1972, as amended, was allowed.

27. January 2004 0
Administrative law – Permits and licences – Compliance with legislation – Renewal of business licence – Illegal activities – Judicial review – Administrative decisions – Municipal councils – Hearsay evidence – Jurisdiction – Standard of review – Patent unreasonableness Coquitlam (City) v. 517011 B.C. Ltd. (c.o.b. Ultimate Shiatsu), [2003] B.C.J. No. 2682, British Columbia Supreme Court, ...

A chiropractor, convicted of six counts of professional misconduct and sentenced to nine months suspension and costs of over $80,000, unsuccessfully appealed the decision of the College of Chiropractors of Ontario to the Ontario Superior Court of Justice

23. December 2003 0
Administrative law – Chiropractors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Suspensions – Costs – Judicial review – Administrative decisions – Evidence – Standard of review – Reasonableness simpliciter Ressel v. College of Chiropractors of Ontario, [2003] O.J. No. 3032, Ontario Superior Court of Justice, July 25, 2003, O’Driscoll, Then and Lang ...